IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31374 of 2011
Mannu Sao
Versus
The State Of Bihar
----------------------------------
For the Petitioner : Mr N.K. Agrawal,
Sr. Advocate with
Mr. D.N. Tiwari,
Advocate
For the S t a t e : N o n e
———-
2. 14.9.2011 Heard learned counsel for the petitioner. No one appears
on behalf of the State.
This application is for modification of the order dated
4.7.2011 passed in Cr.W.J.C. No.399 of 2011, whereby this Court
directed that on an application being made by the petitioner before
the Sub-Divisional Judicial Magistrate, Patna for release of the
wheat and rice in question, the same would be considered in
accordance with law and upon such satisfaction and on furnishing
adequate security, the wheat and rice be released in favour of the
petitioner. It was, however, made clear that the aforesaid release
shall be subject to the result of the confiscation case/criminal
proceedings against the petitioner.
Learned counsel for the petitioner submits that the
application filed by the petitioner pursuant to the aforesaid order
of the Court, upon consideration, was rejected and the wheat and
rice in question was not released on being informed by the counsel
for the State that a confiscation proceeding has been initiated
against the petitioner with respect to the wheat and rice in
question. The learned SDJM, Patna while taking into note of the
-2-
provisions of section 6 A of the Essential Commodities Act (State
Amendment) declined to release the wheat and rice on taking a
view that since confiscation proceeding is pending, the court of
the SDJM could not release the aforesaid wheat and rice. Learned
counsel for the petitioner submits that this Court directed for
release of the wheat and rice by the Sub-Divisional Judicial
Magistrate, Patna on being satisfied on furnishing the adequate
security. The release was to be made as per the order of the High
Court and, as such, the refusal to release on the ground that the
confiscation proceeding is pending against the petitioner was not
correct.
Having considered the submissions of the petitioner and
on perusal of the order passed by the learned Sub-Divisional
Judicial Magistrate, Patna, vide order dated 4 th of August, 2011, it
appears that the Sub-Divisional Judicial Magistrate, Patna has
failed to appreciate the order of this Court correctly. By order
dated 4.7.2011, this Court directed for release of the wheat and
rice by the court below on being satisfied with respect to the
adequate security. The release was, however, directed to be
subject to the result of the confiscation proceeding. In other
words, the wheat and rice in question were to be released, which
will be subject to the final decision in the confiscation proceeding
and as such, in terms of the order of this Court, the confiscation
proceeding could not come in the way for release of the aforesaid
rice and wheat.
In that view of the matter, the order dated 4.7.2011 is
-3-
modified/clarified to the effect that the Sub-Divisional Judicial
Magistrate, Patna shall release the wheat and rice in question on
being satisfied with the adequate security. It is again clarified that
the aforesaid release of the wheat and rice shall be subject to the
ultimate result of the confiscation proceeding. The Sub-Divisional
Judicial Magistrate, Patna shall pass a fresh order for release.
The criminal miscellaneous application stands disposed
of.
Let the order be communicated to the court of the
S.D.J.M., Patna in connection with Digha P.S. Case No.43 of
2011 through fax on the cost being deposited by the petitioner.
PNM (Shailesh Kumar Sinha, J.)
